PIONEER HI-BRED INTERN. v. MONSANTO TECHNOLOGY LLC

No. 2011-1285.

671 F.3d 1324 (2012)

PIONEER HI-BRED INTERNATIONAL, INC., Appellant, v. MONSANTO TECHNOLOGY LLC, Appellee.

United States Court of Appeals, Federal Circuit.

February 28, 2012.


Attorney(s) appearing for the Case

Joseph Lucci , Woodcock Washburn, LLP, of Philadelphia, PA, argued for appellant. With him on the brief were John P. Donohue, Jr. , S. Maurice Valla and John F. Murphy.

Robert E. Hanson , SNR Denton US LLP, of Dallas, TX, argued for appellee. With him on the brief were Steven G. Spears , McDermott Will & Emery LLP, of Houston, TX, and Lawrence M. Lavin, Jr. , Monsanto Technology LLC, of St. Louis, MO.

Before PROST, CLEVENGER, and REYNA, Circuit Judges.


CLEVENGER, Circuit Judge.

In November 2009 the Board of Patent Appeals and Interferences ("the Board") declared an interference between the claims of a patent belonging to appellant Pioneer Hi-Bred International, Inc. ("Pioneer") and those of a pending application owned by appellee Monsanto Technology LLC ("Monsanto"). After the Board concluded that Monsanto was not time-barred under 35 U.S.C. § 135(b)(1) and that Monsanto's claims were entitled to seniority...

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